Office of Personnel Management.
The Office of Personnel Management (OPM) is issuing an interim rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities under the Federal Employees' Retirement System (FERS) Act of 1986. These rules are necessary to conform the tables to the economic assumptions adopted by the Board of Actuaries and published previously in the Federal Register.
This interim rule is effective December 19, 2007. We must receive your comments by January 18, 2008.
You may submit comments, identified by RIN number 3206-AL31, by any of the following methods:
- Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
- E-mail: firstname.lastname@example.org. Include RIN number 3206-AL31 in the subject line of the message.
- Fax: (202) 606-0990
- Mail: John Panagakos, Manager, Retirement Group, Office of Personnel Management, 1900 E Street NW., RM 4351, Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT:
Jessica Johnson, (202) 606-0299.End Further Info End Preamble Start Supplemental Information
OPM has published a notice in the Federal Register at 72 FR 31631 (June 7, 2007) to revise the normal cost percentage under the Federal Employees' Retirement System (FERS) Act of 1986, Public Law 99-335, 100 Stat. 514, based on changed economic assumptions and demographic factors adopted by the Board of Actuaries of the Civil Service Retirement System. Those changed economic assumptions require corresponding changes in factors used to produce actuarially equivalent benefits when required by the FERS Act.
Section 843.311 of title 5, Code of Federal Regulations, regulates the benefits for the survivors of separated employees under 5 U.S.C. 8442(c). This section provides a choice of benefits for eligible current and former spouses. If the current or former spouse is the person entitled to the unexpended balance under the order of precedence under 5 U.S.C. 8424, he or she may elect to receive the unexpended balance instead of an annuity.
Alternatively, an eligible current or former spouse may elect to receive an annuity commencing on the day after the employee's death or on the deceased separated employee's 62nd birthday. If the annuity commences on the deceased separated employee's 62nd birthday, it equals 50 percent of the annuity that the separated employee would have received when he or she attained age 62. If the current or former spouse elects the earlier commencing date, the annuity is reduced using the factors in Appendix A to subpart C of part 843 to make the annuity actuarially equivalent to the present value of the annuity that he or she would have received if it commenced on the retiree's 62nd birthday. These rules amend that appendix to conform to the revised economic assumptions.
Waiver of General Notice of Proposed Rulemaking
Under section 553(b)(3)(B) and (d)(3) of title 5, United States Code, I find that good reason exists for waiving the general notice of proposed rulemaking and for making these amendments effective in less than 30 days. The amendments made by this rule are required by changes in economic assumptions that were published on June 7, 2007. Providing a comment period on the result of mathematical computations resulting from the changed economic assumptions is unnecessary and, to the extent that it would delay benefit payments, is contrary to the public interest.
Executive Order 12866, Regulatory Review
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation will only affect retirement payments to surviving current and former spouses of former employees and Members who separated from Federal service with title to a deferred annuity.Start List of Subjects
List of Subjects in 5 CFR Part 843
- Air traffic controllers
- Disability benefits
- Government employees
- Law enforcement officers
United States Office of Personnel Management.
Linda M. Springer,
For the reasons stated in the preamble, the Office of Personnel Management amendsEnd Amendment Part Start Part
PART 843—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEATH BENEFITS AND EMPLOYEE REFUNDSEnd Part Start Amendment Part
1. The authority citation for part 843 continues to read as follows:End Amendment Part
Subpart C—Current and Former Spouse BenefitsStart Amendment Part
2. Revise Appendix A to subpart C of part 843 to read as follows:End Amendment Part
|Age of separated employee at birthday before death||Multiplier|
|With at least 10, but less than 20 years of creditable service—|
|With at least 20, but less than 30 years of creditable service—|
|Age of separated employee at birthday before death||Multiplier by separated employee's year of birth|
|After 1966||From 1950 through 1966||Before 1950|
|With at least 30 years of creditable service—|
[FR Doc. E7-24527 Filed 12-18-07; 8:45 am]
BILLING CODE 6325-38-P